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· 5/7/1918

Church of the Good Shepherd v. Commonwealth

Citations

  • 180 Ky. 465
  • 202 S.W. 894
  • 1918 Ky. LEXIS 85

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that a claim for a breach of a settlement agreement is not sufficiently related to the claim creating the original case as to form part of the same case or controversy
  • declining to exercise supplemental jurisdiction after dismissal of the ERISA claims, which provided basis for original jurisdiction
  • declining to exercise supplemental jurisdiction over state law claims surviving ERISA dismissal
  • applying six-year period in 29 U.S.C. § 1113(1) because “This is not a case of fraud because the alleged breach arose from the nonpayment of amounts due to the Funds, and not any misrepresentation or omission made to employees or beneficiaries.”
  • “Because the statute of limitations is an affirmative defense, Defendants carry the burden of showing that Plaintiff failed to plead timely claims.”
  • “[F]ederal courts do not possess ancillary jurisdiction over new actions in which a federal judgment creditor seeks to impose liability for a money judgment on a person not otherwise liable for the judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.